[Congressional Record Volume 164, Number 148 (Thursday, September 6, 2018)]
[Senate]
[Pages S6051-S6052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               GUATEMALA

  Mr. LEAHY. Mr. President, the decision, announced last Friday, by 
Guatemalan President Jimmy Morales to not renew the International 
Commission Against Impunity in Guatemala, CICIG, after its current term 
expires next September, was a profound mistake.
  That mistake was further compounded on Tuesday when the government 
announced that the CICIG Commissioner, Ivan Velasquez, a respected 
Colombian jurist, had been summarily declared a ``national security 
threat'' and barred from reentering the country. That is the kind of 
fear-provoking mischaracterization one might expect from an 
authoritarian government that will use any outlandish justification to 
silence its critics but not from a democracy.
  I urge President Morales to reconsider and to reverse these actions 
for the benefit of the Guatemalan people, in the interests of justice 
and on behalf of Guatemala's relations with the United States and its 
international reputation. There may still be time to turn this 
political and judicial crisis into a positive outcome for the country.
  At the time of his public announcement to not renew CICIG, President 
Morales was joined on the podium by dozens of uniformed military and 
police officers. At the same time, military vehicles carrying officers 
armed with heavy weapons--vehicles provided by the United States for 
legitimate law enforcement purposes--lined the street in front of 
CICIG's office. They also drove past the Constitutional Court and the 
U.S. Embassy. It was an intimidating display reminiscent of the 1970s 
and 1980s, and the intended message was clear: The commanders of 
Guatemala's security forces--which in recent years have been reliable 
partners with the United States--have sided with those in power to shut 
down the only credible mechanism for combating the corruption and 
impunity that plague that country.
  Not yet determined is the fate of CICIG's 45 or so international 
lawyers and investigators, whose work permits have expired. If 
Commissioner Velasquez is not allowed to return and CICIG's other 
employees are forced to leave the country, CICIG will, for all 
practical purposes, cease to exist.
  President Morales's decision to do away with CICIG in a manner that 
the U.N. Secretary General says ``does not appear to be consistent with 
the Agreement on the establishment of CICIG'' was reportedly 
precipitated by a decision of the Supreme Court, days earlier, to refer 
to Congress a petition by the Attorney General and CICIG to lift 
President Morales's immunity for violating campaign financing laws. It 
appears that President Morales is more

[[Page S6052]]

concerned with his own legal vulnerability and that of his supporters 
than upholding the institutions of justice.
  It is also increasingly apparent that this attack on CICIG is only 
part of a broader attempt that has been gaining steam over the better 
part of a year to destroy the independence of the constitutional court, 
weaken civil society, intimidate human rights defenders and 
journalists, and undermine the rule of law. It is an existential 
confrontation between the forces of corruption and impunity and 
Guatemala's fledgling judicial institutions.
  Ever since CICIG was established 11 years ago to help combat the 
pervasive corruption, infiltration by organized crime, and near total 
impunity in Guatemala, the State Department and the U.S. Embassy have 
consistently supported CICIG, as have Republicans and Democrats in 
Congress. We are all familiar with the historical links between 
organized crime, drug traffickers, Guatemala's security forces, and 
public officials. It has been widely recognized by the Guatemalan 
people that, because of CICIG and Guatemala's Public Ministry, working 
together, the cause of justice--including convictions of corrupt senior 
government officials--has been significantly enhanced. Without CICIG, 
these achievements would not have been possible.
  On Saturday, September 1, Secretary Pompeo responded to President 
Morales's announcement with a bizarre tweet that did not even mention 
CICIG. Instead, the Secretary expressed appreciation for Guatemala's 
``efforts in counternarcotics and security.'' That is a bit like being 
told that the courthouse is on fire and responding that the stock 
market is up. The State Department should condemn what is occurring in 
Guatemala, reaffirm its support for CICIG and Commissioner Velasquez, 
and make clear that corrupt Guatemalan officials will be sanctioned 
under U.S. law. Otherwise, it will share complicity in the unraveling 
of years of U.S. investment in CICIG and in judicial and law 
enforcement reform in Guatemala.
  Perhaps the State Department is worried that, if President Morales is 
prosecuted and convicted of campaign financing violations and removed 
from office the way his predecessor was, U.S. security cooperation with 
Guatemala might suffer. What it really should be worried about is what 
will happen to the fight against corruption and organized crime if 
President Morales succeeds in dismantling CICIG. If the country loses 
its most effective anticorruption institution, the progress that has 
been made in recent years in strengthening the rule of law is likely to 
be reversed, allowing drug cartels and other criminal organizations to 
grow unchecked. This is particularly alarming with national elections 
in Guatemala scheduled for next year. The integrity of Guatemala's 
democratic process--not simply the survival of CICIG--is threatened by 
the corrupt influences of organized crime.
  Like any institution, CICIG is not without imperfections. Several 
constructive reforms have been proposed, and I have encouraged CICIG, 
the United Nations, and the Guatemalan Government to find a way forward 
that strengthens oversight and transparency while preserving CICIG's 
mandate and protecting the Commissioner from political interference. 
While that process has been eclipsed by recent events, there is still 
time to resurrect it. The United Nations, the United States, other 
governments that have supported CICIG, and the Guatemalan Government 
should urgently resume discussions to achieve such a solution.
  Ultimately, if other attempts fail, the future of CICIG, of its 
Commissioner and employees, and of the rule of law in Guatemala--not 
just under President Morales who has just over a year left to serve but 
also in the years ahead--will be in the hands of the Guatemalan people, 
the judiciary, and the Congress. As a former prosecutor and the senior 
member of our Judiciary Committee, I have long recognized that an 
independent judiciary is a cornerstone of democratic government. It is 
what gives practical meaning to the phrase ``rule of law,'' which is 
fundamental to strengthening democracy. To its credit, Guatemala's 
constitutional court has displayed that independence in the past. That 
independence is needed today.
  As a result of President Morales's actions, security cooperation with 
Guatemala and loans from international financial institutions are now 
in jeopardy. That is not in the interests of Guatemala or the United 
States. Recognizing what is at stake and in support of the courageous 
Guatemalans who are defending the Constitution and the rule of law, I 
will not support the expenditure of U.S. funds for assistance for the 
Guatemalan Government under the Alliance for Prosperity, including for 
the military and police forces, until the fate of CICIG and 
Commissioner Velasquez is satisfactorily resolved.

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